Secretary, Department of Education v Johnston

The case involved the Secretary of the Department of Education as the appellant and Mr. Johnston as the respondent. The matter before the court was an appeal against a 1% award for permanent impairment in workers' compensation, specifically concerning the treatment and evaluation guidelines outlined in the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th edition, effective from 1 April 2016. The core issue was whether the Medical Assessor's decision to award a 1% uplift for treatment was justified given that there had only been a mild improvement in the worker’s psychiatric condition.

The court was tasked with determining whether the Medical Assessor appropriately applied Chapter 1.32 of the Guidelines when evaluating the worker’s impairment and whether the 1% uplift was reasonable. The central legal question was whether the Medical Assessor's decision was in line with the relevant guidelines and whether there was a clear error in the assessment process. The court considered the principle of ejusdem generis in interpreting Chapter 1.32, which suggests that similar terms should be understood in a similar way. It was also necessary to assess whether the wording of the guideline allowed for such an uplift given only a mild improvement.

The court found that the Medical Assessor did not refer to Chapter 1.32 of the Guidelines and that the 1% uplift was clearly mistaken given the limited improvement in the worker’s psychiatric condition. The court interpreted the wording of Chapter 1.32 in a manner consistent with ejusdem generis, meaning that the uplift was not justified under the guidelines. Consequently, the court revoked the Medical Assessment Certificate issued by the Medical Assessor. This decision highlights the importance of adhering strictly to the guidelines when making evaluations in workers' compensation cases.